10-17-1994 Planning Packet - Laserfiche WebLink

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pophamha iK 3300 Plfi«r laffray Tower 222 ^^koth Stitct Minneapoli*. Mlnne*ot» 55402 (612) 333-WOO TO:Michael P. Gatfron Asaiatant Planning and Zoning Admimsiratcr Ciiv of Orono VIA TELECOPY FROM: RE; DATE: Thomas J. Barrett. Esq. Item #1967 Robert S. OlS0n/K*P Properties, Inc, iHOctober J^I994 particularly concerned that the road access to the proposed large lot labelled OuUoi B appears to require access over Lot 2, which is not owned by the subdividing applicant. asIf a later attempt to develop OuUoi B rtms into resistance from the owner of Lot 2 to the development of the proposed road, and if the other possible altemaUve route on the other side of Lot 2 does not materialize, then the conungent planned for road, represented by Outlet A, will only be as good as our ability to require Lot 2 to provide the comer of its Lot to the road proposed. To evaluate the degree of control which the City would have in opening a road over Lot 2 I have reviewed the Agreement, which is attached to the Council packet. I c^ imagine the Mowing potential difficulties with this Agreement in any effort by the City or the developer to open a road over Lot 2. First, it is not apparent under the terms of this Agreement that the successors and assigns, subsequent purcha ser, would be bouno to follow die tgrmit of the Agreement. Second, because of the contingencies discussed in the it is reasonable to assume that disputes of fact will or may ariseAgreement,of such disputes, the City wouui benot the cited contingencies have occurred. In the event ... faced with the pros^ct of liugation. rather than with the more desirable prospect of simply opening a previously platted road. I realize that platting a road on the property of Lot!, which reaches proposed Outlot D. has the undesirable impact of coming too close to the house which now is m p ace on Lot 1. One possible scenario for your consideration would be to plat the road, even though it is undesirable, and then to note in our subdividing and resolution, the existence oi the Agreement and the planned Outlot A as the more desirable road access. Mike, this memo sets out my concerns. Please call to discuss, 0I2;22060346 KVI3/94 1